[4-18-1988]
This chapter shall be known and may be cited as the "Abandoned,
Wrecked, Dismantled or Inoperative Motor Vehicle Ordinance."
[4-18-1988]
For the purpose of this chapter, the following terms shall have
the meanings stated in this section. Any term not defined herein shall
have the meaning ascribed to it in other ordinances of this Municipality,
and if not defined in any other Municipal ordinances, it shall have
the meaning ascribed in the Illinois Vehicle Code, 625 ILCS 5/1-100
et seq.
Any motor vehicle, as defined in this section, which does
not have lawfully affixed thereto both an unexpired license plate
or plates and a current motor vehicle Village license tag, and the
condition of which is wrecked, dismantled, partially dismantled, inoperative,
abandoned or discarded.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a street, highway or any public
way, except devices moved by human power, devices used exclusively
upon stationary rails or tracks, and snowmobiles.
A person who holds legal title to the vehicle, or the right
of possession of the vehicle.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
Any real property within the Village which is privately owned
and which is not public property as defined in this section.
Any street or highway which shall include the entire width
between the boundary lines of every way publicly maintained for the
purposes of vehicular travel, and shall also mean any other publicly
owned property or facility.
Village of Thornton.
[4-18-1988]
No person shall park, store, leave or permit the parking, storing
or leaving of any motor vehicle of any kind which is in an abandoned,
wrecked, dismantled, inoperative, rusted, junked or partially dismantled
condition whether attended or not, upon any public or private property
within the Village. The presence of an abandoned, wrecked, dismantled,
inoperative, rusted, junked or partially dismantled vehicle or parts
thereof on private property is hereby declared a public nuisance which
may be abated as such in accordance with the provisions of this chapter.
This section shall not apply to any vehicle enclosed within a building
on private property or to any vehicle held in connection with a business
enterprise, lawfully licensed by the Village and properly operated
in the appropriate business zone, pursuant to the zoning laws of the
Village, or to any motor vehicle in operable condition specifically
adopted or designed for operation on drag strips or raceways, or any
vehicle retained by the owner for antique collection purposes.
[4-18-1988]
Whenever it comes to the attention of the Police Department
that any nuisance as defined in § 9-10-3 of this chapter
exists in the Village, a notice in writing shall be served upon the
occupant of the land where the nuisance exists, or in case there is
not such occupant, then upon the owner of the property or his agent,
notifying them of the existence of the nuisance and requesting its
removal in the time specified in this chapter.
[4-18-1988]
Upon proper notice and opportunity to be heard, the owner of
the abandoned, wrecked, dismantled or inoperative vehicle and the
owner or occupant of the private property on which the same is located,
either or all of them, shall be responsible for its removal. In the
event of removal and disposition by the Village, the owner or occupant
of the private property where same is located, shall be liable for
the expenses incurred.
[4-18-1988]
The Police Department of the Village shall give notice of removal to the owner or occupant of the private property where the nuisance vehicle is located in compliance with the notice provisions of Chapter 9-9 of this Title 9.
[4-18-1988]
The persons to whom the notices are directed, or their duly authorized agents may file request for hearing in the same manner as provided for in Chapter 9-9 of this Title 9.
[4-18-1988]
The hearing shall be held in the same manner as provided for in Chapter 9-9 of this Title 9.
[4-18-1988]
If the violation described in the notice has not been remedied
within the period of compliance, or in the event that a notice requesting
a hearing is timely filed, a hearing is had, and the existence of
the violation is affirmed by the Hearing Officer of the Village or
its designee, the Chief of Police or his designee shall have the right
to take possession of the junked motor vehicle and remove it from
the premises. It shall be unlawful for any person to interfere with,
hinder, or refuse to allow such person or persons to enter upon private
property for the purpose of removing a vehicle under the provisions
of this chapter.
[4-18-1988]
Within 48 hours of the removal of such vehicle, the Chief of
Police shall give notice to the registered owner of the vehicle, if
known, and also to the owner or occupant of the private property from
which the vehicle was removed, that said vehicle, or vehicles, has
been impounded and stored for violation of this chapter. The notice
shall give the location of where the vehicle or vehicles, is stored,
and the costs incurred by the Village for removal.
[4-18-1988]
Upon the failure of the owner or occupant on which abandoned
vehicles have been removed by the Village to pay the unrecovered expenses
incurred by the Village in such removal, a lien shall be placed upon
the property for the amount of such expenses.
